Decedent’s will, deed set aside due to lack of capacity

A claim was made to set aside the will and a “ladybird” deed of decedent, Joseph C. Rogers, signed on March 13, 2023, approximately two months before his death. Undue influence and lack of capacity were alleged.

The decedent had a medical history significant for Parkinson's, dementia and mental health issues, all of which predated the signing of the will and deed. His wife of nearly 65 years passed away three weeks before the new will and deed were signed.

The drafting attorney took a video of decedent on the day of signing. The court found in favor of petitioners on the basis of a lack of capacity, citing the video of the signing and petitioners’ expert’s testimony. The respondent did not have an expert witness.

Plaintiff’s attorney, Timothy J. Waalkes, provided case information.

Type of action: Probate to set aside will and deed

Injuries alleged: Loss of inheritance

Name of case: The Estate of Joseph Charles Rogers

Court/Case no./Date: Kent County Probate Court; 23-213587-DE; 04/17/2024

Tried before: Judge

Name of judge: Hon. Avery D. Rose

Name of mediator: William Jack

Judgment amount: $250,000

Most helpful expert: Dr. Christopher Baker, neuropsychology, Grand Rapids

Attorney for plaintiff: Timothy J. Waalkes, Grand Rapids

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